A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.

Citations

• 123 F. 149
• 1903 U.S. App. LEXIS 4884

Syllabus

<p>1, Trade-Marks—Preliminary Injunction against Infringement—Evidence of Title.</p> <p>The registration of a trade-mark confers no right or title thereto on the registrant, and is at best only prima facie evidence of his right, which is not sufficient to warrant a court in granting a preliminary injunction against its infringement.</p> <p>2. Same.</p> <p>A court should not grant a preliminary injunction against the infringement of a trade-mark until the complainant’s right thereto has been judicially determined, and the decision of the Commissioner of Patents in favor of such right in an interference declared between him and another applicant for registration, under the limited authority given therefor by section 3 of Act March 3, 1881, 21 Stat. 503 [U. S. Comp. St. 1901, p. 3402], is not such a judicial determination.</p>